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A defendant shall be punished by imprisonment for a term of one year and four months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. The defendant is a person who is engaged in driving freight B 2 freight vehicles;
On May 1, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.231% of blood alcohol level around 13:15, and continued to drive the above vehicle at the same time in Gwangju City from F bank to G bank from G bank level.
There is a duty of care to prevent accidents in advance by driving safely, such as reporting the situation of traffic on the front side, accurately manipulating the steering system, etc., because it is a hond road and the signal, etc. is a three-distance crossing.
Nevertheless, the defendant has been negligent in driving under the influence of drinking, which makes it difficult for him to drive normally due to influence of drinking.
On the same lane, the victim H(55 years of age) driven by the International Convention No. 1, which was driven by the victim H, received the part as the front part of the cargo vehicle.
Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to such occupational negligence.
2. On November 21, 2012, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act at the Sungnam branch of the Suwon District Court, and on November 29, 2018, the Defendant was sentenced to a fine of KRW 7 million due to a crime of violation of the Road Traffic Act in the Daejeon District Court’s Incheon District Court’s Support.
The Defendant driven approximately 1 k section from the Defendant’s house located in the J of Gwangju City to the front road in the Gwangju City from the date and time of the statement in Paragraph 1, while under the influence of alcohol concentration of about 0.231%.
Summary of Evidence
1. Defendant's legal statement;
1. A written diagnosis of the police records of H with respect to H;
1. A traffic accident report;
1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;
1. CCTV images for crime prevention;